ORDERS:
ORDER OF DISMISSAL
On October 10, 2000, South Carolina Department of Corrections (Respondent or Department) filed a Motion
to Dismiss this matter. Respondent seeks a dismissal on the grounds that Appellant failed to serve
Respondent with the notice of appeal within thirty (30) days of written notice of Respondent's final decision.
Respondent seeks a dismissal under Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), Rule 33 of
the Administrative Law Judge Division ("ALJD"), ALJD Temporary Rule ("TR") 57 (requiring service of
papers on all parties in case), Rule 12(b)(1), SCRCP for lack of subject matter jurisdiction, and Rule
12(b)(5), SCRCP for insufficiency of service of process.
The ALJD issued an Order on October 16, 2000, requiring a response from Appellant. Appellant had
fifteen days from the date of the order to respond. Appellant did not respond. The ALJD issued another
Order on Deceber 18, 2000, requiring a response from Appellant within ten (10) days. Appellant did not
respond and did not notify the ALJD of any extenuating circumstances regarding his failure to respond,
including any nonreceipt of the motion. Therefore, I conclude that Appellant was properly served the Motion
to Dismiss.
The Administrative Law Judge may dismiss an appeal for failure to comply with any of the time limits
set forth in an appeal. ALJDTR 65. As Appellant has been afforded ample time to respond, and has not
notified the ALJD of any extenuating circumstances regarding his failure to respond, I conclude that
Appellant failed to comply with the date set for responding to the Respondent's Motion to Dismiss.
IT IS THEREFORE ORDERED that the appeal of Appellant Russell J. Oehlson, Docket Number
00-ALJ-04-00727-AP, is hereby dismissed.
AND IT IS SO ORDERED.
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C. DUKES SCOTT ADMINISTRATIVE LAW JUDGE
March 6, 2001
Columbia, South Carolina
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